The court considered the difference between waiver by election and waiver by estoppel. Rix LJ said: ‘election is the exercise of a right to choose between inconsistent remedies’ and ‘generally requires knowledge of all the facts giving rise to the choice on the part of the party electing’.
Judges:
Rix LJ, Jacob LJ, Forbes LJ
Citations:
[2008] EWCA Civ 147
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Kosmar Villa Holidays Plc v the Trustees of Syndicate 1243 ComC 4-Apr-2007
The tour company had lost an action for personal injury by a young man injured on holiday with them in Greece, and now sought an indemnity from its insurers. . .
Cited by:
Cited – Walbrook Trustees (Jersey) Ltd and Others v Fattal and Others CA 8-Apr-2009
The parties had been involved in serial disputes regarding the management of leasehold apartments. It was now objected that the current case was an abuse of process.
Held: The appeal against the stay succeeded. The new case had been flagged up . .
Lists of cited by and citing cases may be incomplete.
Insurance, Litigation Practice
Updated: 13 July 2022; Ref: scu.266014